U.S. v. Long

Record contained sufficient evidence to support defendants’ convictions on drug conspiracy charges, even though one co-conspirator testified that two defendants were only customers of said conspiracy, where record showed that: (1) said defendants made multiple purchases of wholesale quantity of drugs on credit; (2) one defendant was allowed to purchase drugs at preferential price not offered to normal customers; and (3) said defendants engaged in discussion with co-conspirator regarding expansion of their business. Dist. Ct. erred, though, in failing to use guidelines under Fair Sentencing Act that were in force at time of sentencing when calculating defendants’ sentences. However, with respect to sentences of three defendants, any error was harmless either because Dist. Ct. indicated that it would have imposed same sentence if Fair Sentencing Act applied, or because jury would have made same drug quantity calculation that Dist. Ct. made.